A public servant given false statement before jm.

Querist : Anonymous (Querist) 08 February 2021 This query is : Resolved
Sir
A public servant filed a protest petition before JM. He provides less information of crime done by some accused before police with the intention of doing favour to the accused by way of less gravity of crime with mala fide intention n to safeguard the accused. Crime related to forgery invoices n misappropriated public fund Rs. 47 lacs. in a govt office . These are all on record on hand. Department had taken action on him. But notinitiated Criminal action on him. Can I file WP in HC totake criminal action against him. Kindly note the IPC sections.

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K Rajasekharan (Expert) 08 February 2021
To initiate a criminal action against a public servant who somehow left some public records of his misdemeanour available and is undergoing disciplinary action on the same matter, the proper remedy available to you is either to file a police complaint or to initiate a private complaint in the criminal court for the same purpose.

If the forgery has happened in the court during its proceedings, the court will have to take action on him by filing a complaint in the magistrate court and no other person can do anything.

A Writ Court should not accept any writ petition on a matter you have other remedies, except when some public exigencies bind the court to take it up.

Writ is an extra ordinary remedy of great value to be used sparingly.

P. Venu (Expert) 09 February 2021
How 'protest petition'? Please post complete facts.

Querist : Anonymous (Querist) 09 February 2021
Public servant is the Complainant n filed FIR in 2016. But police dropped FIR in 2019 due to non coop Of complainant. So I made representation to the complainant. Then he filed protest petition. Rest as above

P. Venu (Expert) 10 February 2021
The facts posted are less than convincing. In a private complaint, how come a stranger, that too anonymous, has any concern?

Guest (Expert) 10 February 2021
Here Mr.P.Venu is also an Retired Govt Officer and he would be able to guide you please.

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